- (1.) The present revision petition has been filed by the tenant against the concurrent findings of the Courts below wherein ejectment has been ordered on the ground that the premises are bona fide required for the personal use and occupation of the landlady as her NRI grandson alongwith his family has to come to India to live with her.
(2.) The respondent-landlady filed the petition seeking ejectment from the premises in question bearing House No. 895, Sector 40-A, Chandigarh on the grounds of arrears of rent since September 2004 and personal necessity as well as nuisance created by the tenant and his family members. The respondent-landlady pleaded that she was the landlady of the house consisting of four bed rooms, drawing-dining, two bath rooms, one kitchen, back side court yard and front side court yard and had inducted the respondent as tenant in two rooms, one kitchen, one bathroom in January 2004 on monthly rent of 3,800 which excluded water and electricity charges. It was alleged that the tenant took possession of the third room and second bathroom by breaking open locks forcibly and illegally and came in possession of three rooms, one kitchen and two bathrooms and he paid rent upto August 2004 and thereafter issued two cheques of Rs.4,000 and Rs.3,800 dated 27.10.2004 and 29.10.2004 for the month of September and October 2004 which bounced on presentation. The landlady alleged that she was issued a senior citizen card and was a widow of military personnel and had been residing in one room of the house and using the bathroom being used by the tenant of which he took the possession illegally. The accommodation with the landlady became inadequate as she had only one room and a bathroom and that she being 79 years old had not been keeping good health and had requested her NRI grandson to come to India with his family and look after her in her old age and the tenant had been asked to vacate and the tenant did not vacate the demised premises and legal notice dated 16.11.2006 through registered post calling upon the tenant to vacate the premises had been served upon him and thus she sought ejectment on the ground of non-payment of rent since September 2004, her personal use and occupation and nuisance. It was averred that she did not occupy any other residential building in urban area of Chandigarh except as stated above nor she has vacated any residential building within the urban area of Chandigarh without sufficient cause.
(3.) In the written statement filed by the tenant, it was alleged that the petition had been filed to harass the tenant and to let out the premises at a higher rent. The landlady had accommodation in House No. 1120, Phase 3B-II, SAS Nagar, Mohali and that she was residing there and was also landlady of that house. The relationship of the landlady-tenant was admitted and it was alleged that the premises consisted of four bed rooms, drawing-dining, two bath rooms, one kitchen, back side court yard and front side court yard and the rate of rent was Rs.3,800 per month and he was a tenant from January 2004 and regularly making payment but the landlady was not issuing any receipt. It was alleged that the whole house had been taken on rent except one room with the landlady which was being used as a store and it was denied that only two rooms, one kitchen, one bathroom had been rented out. The ground of personal requirement was just to pressurize the tenant and to get him vacated and to let out the property at higher rate of rent and he was regularly paying the rent but no receipt had been issued and the cheques had bounced due to unavoidable circumstances but the payment had been made thereafter but the cheques had not been returned by the landlady and had been kept to pressurize the tenant. No criminal proceedings were filed against the bouncing of the cheques and the landlady being a widow of military personnel was denied and it was also denied that she was residing in the demised premises but it was alleged that she was residing in House No. 1120, Phase 3B-II, SAS Nagar, Mohali and was having more than sufficient accommodation in the said house. The need of the NRI grandson was only a concocted story.;